Tightbum v LLoyds - Rule 3.3 (5) set aside, stayed or Varied order?

[tightbum]

Hi, I've just started the long road with Lloyds trying to get my money back. They have only acknowledged the letter and I have chased them - not been 40 days yet. Next step to send a reminder by recorded delivery - what else do you suggest?

[mrsfoot]

Hi, First of all i recommend you start your own thread so its easy to ask questions and get them answered!!

 

Secondly you need to re read over the FAQs. You will find these following the link at the bottom of this message. Print them out and read read read till you understand fully what the process is. If you do yu will find your claim goes a lot smoother and without flaws!

 

Thirdly, the banks have 40 days. You do not need to send a reminder. They will answer within the 40 days and sewnd you the info you have requested. If they do not then you ned to follow the non complience section of the FAQs. This happens rarely....and in the extreme you may have to go to court to get your info. But give them the time they are allowed.

 

Good luck and hope this helps

[tightbum]

My heart sank as I lodged two claims last week which cost me £240 and I feel I have lost already. Followed the words from the site and am not claiming interest on either account - too complicated. Would appreciate help from the site if I get a allocation questionnaire to fill in.

Any further advice anyone can give would be appreciated.

[nicsussex]

My heart sank as I lodged two claims last week which cost me £240 and I feel I have lost already. Followed the words from the site and am not claiming interest on either account - too complicated. Would appreciate help from the site if I get a allocation questionnaire to fill in.

Any further advice anyone can give would be appreciated.

 

Best advice would be to start your own thread so that we can keep a track on your progress

[tightbum]

I have had my claim acknowledged on Saturday and have been making a list of the documents of evidence to get together. My husband recieved £750 which they just put into his account and he had no choice whether to accept or not. Assume that my claim for £4249 will go to small claims and not fast trackk - could not afford Lloyds costs! Any encouragement from you success stories would be grateful

[tightbum]

My husband filed for £1809 and got a letter a couple of days ago to say that £750 had been put into account - he had no chance to consider the money was just there. He has decided to accept and drop the claim. I'm going to use his letter as evidence to show that they make payments without any bother in some cases - what makes my case any different to his?

[rory32]

Tightbum (thank god your female with a user name like that), why has your husband decided to drop the claim? It's normal for the bank to start low. He could just accept it as part settlement.

[TBeckett100]

Hello

 

I am filing tomorrow for the above period. to avoid it getting thrown out, is there a line to add in the claim to ensure the claim isnt barred. thanks all

[davethorp]

Following thread may help for claiming beyond 6 years

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81799-issues-raised-llloyds-bank.html

[tightbum]

He is not very confident and is scared of the legal system - he is happy with his £750 but I'm going for the lot in my claim. And yep I'm female go to the gym loads so have good muscles!

[Champnos]

£750 is a standard amount they offer, if your claim is is just over a grand or even 4k they still apear to offer £750, they try to get rid of people by doing this and im sure some people give in, personally go for the lot people, take it to them, remember Lloyds made i think it was 4.5 billion last year!

[tightbum]

tina9776 I am also at the same stage as you and its also Northampton County Court. Lloyds have until 11th June to file but I think I'll wait until the end of the week. Perhaps we can link up and assist each other in getting evidence together. The threads - Got a Court Date and info on AQ's is really useful. Old T&C's can be found in Got a Court Date - there is a link to a website with T&C's going back years.

Great to know that someone else is dealing with Northampton

[tightbum]

If they enter a defence somewhere in the threads - can't remember where - there is a letter or two asking for a settlement before Court to prove that you are doing everything you can to settle instead of getting to court - keep copies for your evidence. Next stage will be AQ's - go to that section in the threads loads of useful advice. Seems that some courts are asking for a stay and not asking for AQ's so that parties can reach settlement.

[tina9776]

Feel weird writing to "tightbum"!! Thanks so much for all your support - been away so have only just logged on to your messages. Like the idea of writing a letter asking for a settlement - obviously would like to avoid court as the idea of a bundle and all that I find SO scary. Still haven't heard anything since they put defence on Moneyclaim. Do we know if anyone has gone through Northampton - I hope if it does go to court it will be a local court as Northampton is miles away for me. What does it mean that some courts are asking for a stay? What stage are you at with your claim?

[tightbum]

My order recieved today says "any party affected by this order may under Rule 3.3 (5) appy to have it set aside, varied or stayed blah blah within 14 days. Should I apply for one of these or send an order to sop the defendant putting one in?

[tightbum]

My order received today says that any affected party can apply to have the order set aside, varied or stayed - what do i need to do?

Thanks:rolleyes:

[broke dave]

Was this part of the Transfer of Proceedings?

If so, it is standard stuff; you don't need to do anything.

[tightbum]

Yes it is part of the transfer of proceedings and is ordering that the allocation questionnaire be dispensed with. Do I just wait and if so for what next? Shall I send a letter asking them to settle before a court date is allocated?

[BARTY]

Hi

Have a read of this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Barty:)

[Tini]

Dear tightbum, please let me know if anyone has replied to you regarding this, what does it mean exactly?

[tightbum]

I accepted the sum offered as it is more than expected. Sent back on 10th July - have phoned and SC&M say 2-3 weeks. Keep thinking this is a joke because it did not go to court and they won't pay. How long have most people waited for funds?

[christinajanep]

takes around 3 weeks

[tightbum]

Did you get a letter from scm before or after your account was credited. I sent my acceptance letter back on 10th july and am still waiting.

[bleachyschick]

Hi Tightbum- (Nice name!)

 

The order of events was

 

got 2 letters dated 9th July- one saying they would defend, one offering settlement if I signed, accepted conditions and returned the letter

 

16th July I wrote back accepting the money as partial settlement (they had missed off the interest)

 

26th July money was credited to my account (minus the interest still)

 

I called SCM to chase the interest and they said they have frozen all claims for the time being while they wait for the outcome of the court case. On the back of this I decided to accept the settlement in full and drop the case.

 

I hope this helps, good luck with your claim.

[tightbum]

I cannot believe SC&M. I had a letter dated 2 July offering me full and final settlement of my claim for the whole amount plus fees and interest. I was over the moon. Sent the copy letter back signed by recorded. Recived by them 10 July. NO MONEY HAS BEEN DEPOSITED. I have written two letters and phoned every day. They tell me that the postal strike is holding things up - what postal strike. They tell me that it is probably sitting in a pile to be worked on! They keep telling me they are surprised it has not been deposited. I am more stressed waiting for it than I was getting the Court bundle together - what can I do next I would appreciate some help as I have given up and am fed up with ringing SC&M.